Civil Procedure and International Sanctions
In: International Journal of Procedural LawSearch for other papers by Kamalia Mehtiyeva in
Current site
Google Scholar
The present study reveals the functions that civil procedure may fulfil in the context of international sanctions in response to foreign policy. The trend of making civil procedure play the role of protector of the interests of sanctioned parties involved in international litigation has been growing in Russia, where the legislator has granted Russian courts exclusive jurisdiction in cases involving parties targeted by Russian sanctions, thus creating a concurrent jurisdiction to the forum competent either on the basis of international competence rules or a forum-selection or arbitration clause.
To ensure respect of the exclusive jurisdiction, the legislator has introduced a new procedural mechanism allowing any party targeted by Russian sanctions to make an anti-suit injunction application in order either to prevent or to stop a foreign litigation or an international arbitration to which the sanctioned entity is party in favour of Russian courts. This new legislation has been consistently applied by Russian courts, which has in its turn triggered a wave of reactions on behalf of litigants resisting Russian anti-suit injunctions and seeking to obtain in the competent for a anti-anti-suit or anti- enforcement orders. The latter may be efficient when assets are not located in Russia, but are doomed to fail otherwise.
Finally, the study also focuses on the use of other procedural mechanisms, such as discovery applications in the United States, in the context of sanctions. In particular, given that the international mutual legal assistance mechanisms are based on principle of reciprocity, can these mechanisms continue to be used in such context of belligerency?
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 114 | 114 | 50 |
| Full Text Views | 1 | 1 | 0 |
| PDF Views & Downloads | 3 | 3 | 0 |
Civil Procedure and International Sanctions
In: International Journal of Procedural LawSearch for other papers by Kamalia Mehtiyeva in
Current site
Google Scholar
PubMed
The present study reveals the functions that civil procedure may fulfil in the context of international sanctions in response to foreign policy. The trend of making civil procedure play the role of protector of the interests of sanctioned parties involved in international litigation has been growing in Russia, where the legislator has granted Russian courts exclusive jurisdiction in cases involving parties targeted by Russian sanctions, thus creating a concurrent jurisdiction to the forum competent either on the basis of international competence rules or a forum-selection or arbitration clause.
To ensure respect of the exclusive jurisdiction, the legislator has introduced a new procedural mechanism allowing any party targeted by Russian sanctions to make an anti-suit injunction application in order either to prevent or to stop a foreign litigation or an international arbitration to which the sanctioned entity is party in favour of Russian courts. This new legislation has been consistently applied by Russian courts, which has in its turn triggered a wave of reactions on behalf of litigants resisting Russian anti-suit injunctions and seeking to obtain in the competent for a anti-anti-suit or anti- enforcement orders. The latter may be efficient when assets are not located in Russia, but are doomed to fail otherwise.
Finally, the study also focuses on the use of other procedural mechanisms, such as discovery applications in the United States, in the context of sanctions. In particular, given that the international mutual legal assistance mechanisms are based on principle of reciprocity, can these mechanisms continue to be used in such context of belligerency?
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 114 | 114 | 50 |
| Full Text Views | 1 | 1 | 0 |
| PDF Views & Downloads | 3 | 3 | 0 |
